Sibghat Ullah Khan, J. - (1.) The allegation is that pond comprised in plot no. 128 Area 0.210 hectares has been let out of Rs. 210/- per year, pond no. 220 Area 0.45 hectares has been let out for Rs. 405/- per year, pond no. 70 Kha Area 0.263 hectares has been let out for Rs. 263/- per year and pond no. 92 Area 0.360 hectares has been let out for Rs. 360/- per year. Learned counsel for the petitioner states that SDO granted the approval on 5.9.09 and on 12.10.09 Tehsildar only forwarded the intimation about the said order. Ponds are siutate in village Deoria Bishun Dayal Gaon Sabha Mahuawa Pst Fazil Nagar Block and Tehsil Tamkuhi Raj District-Kushi Nagar. It has been held in Baban Ram v. State, 2004 (97) RD 675that pond shall not be let out for fisheries purposes for less than Rs. 10,000/- per hectare per year. However, through the impugned order ponds have been let out only for Rs. 1000/- per hectare per year. This is the loot of Government property.
(2.) The S.D.O. and the Tehshildar are directed to file their personal affidavits to show cause as to why recommendation shall not be made to the State Government to initiate disciplinary proceedings against them after suspending them.
(3.) Put up on 14.12.09 for further order at 2:00 p.m. Learned standing counsel is directed to produce all the records regarding settlement of fisheries lease of the ponds in question.;